(영문) 서울중앙지방법원 2016.03.30 2015고단8046

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(영문) 서울중앙지방법원 2016.03.30 2015고단8046

교통사고처리특례법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2015, the Defendant driven a BKank-Pon vehicle around 01:35, and turned to the left at a speed less than 20 km per hour pursuant to the left-hand turn at a speed of less than 20 km from the upstream of the D pharmacy located in Dongjak-gu Seoul Metropolitan Government to the front side of the Ddong-Past apartment located in Dongjak-gu Seoul Metropolitan Government.

In such cases, a driver of a motor vehicle has a duty of care to properly see the front side and the left side and right, and accurately manipulate the steering direction, brakes, etc. to prevent accidents.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (43) crossing the road in the direction to the right side from the left side of the direction of the course, and caused damage to the road by shocking the part of the driver's seat in front of the driver's seat of the said car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Central University Hospital around 22:55 on June 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Blocking photographs of witnesses and photographs of each site;

1. Bluice stuffs, video products and field photographs CDs submitted by witnesses;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of selective fine (the instant traffic accident resulted in the death of the victim).

On the other hand, the instant traffic accident is serious in light of various circumstances, such as the circumstance of the accident, the time of the accident, and the place of the accident, where the defendant was at night, and the victim who was crossing the intersection at the front side of the road at night, while the defendant was at the left at night in line with the front side of the vehicle.

shall not be deemed to exist.

There is no criminal history of the defendant and there is no criminal history exceeding the fine.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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